This court dismissed a transfer application filed by a wife seeking transfer of a divorce petition to District Meerut. The court held the application lacked bona fides as the applicant resided in Ghaziabad, not the sought district.
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Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 285 of 2018
Applicant :- Manu Priya Tyagi Opposite Party :- Aman Tyagi Counsel for Applicant :- Santosh Kumar Dubey
Hon'ble Anjani Kumar Mishra,J.
This transfer application is by the wife seeking transfer of a divorce petition filed by the husband at Ghaziabad. Its transfer is sought to District Meerut on the ground of convenience.
This Court does not find this application to be bonafide because in paragraph 14 of the affidavit filed in support of the transfer application, it has been averred that the applicant is residing in District Ghaziabad.
It has also been averred that the opposite party is residing in a foreign country.
No issue of convenience of the applicant can be involved, when the applicant seeks transfer of a case filed by the opposite party to a District where she is not residing.
Under the circumstances and since the application has been found to be bonafide, the same is dismissed.
Order Date :- 31.5.2018 Mayank
Digitally signed by ANJANI KUMAR MISHRA DN: C=IN, O=Personal, ANJANI PostalCode=211001, S=Uttar Pradesh, Phone=f6e3ce979d8983acfc0b3ea049 885bf64ad5bbb33050e3dfe3e210927d 94f413, SERIALNUMBER=004ee64f25f9f36f85 KUMAR dbdc71f5b0ec1e2f0938431e25dbbadc 93823915b36c6f, CN=ANJANI KUMAR MISHRA Reason: I am the author of this MISHRA documentLocation: Date: 2018-05-31 16:05:18
1 issue framed by the court
Whether a transfer application for a divorce petition filed by the opposite party can be bonafide when the applicant resides in the same district as the court of filing.
Manu Priya Tyagi
Anjani Kumar Mishra
As recorded by the court registry
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